While some residents of Mochudi agreed with its establishment, some were of the view that the Constitutional Court was being prioritised over the more urgent constitutional review process. Others argued that it was an important step toward developing Botswana’s constitutional democratic system, where Batswana would have the opportunity to hold government accountable for safeguarding fundamental human rights. During a packed kgotla meeting that was addressed by Minister of International Relations, Dr Phenyo Butale in Mochudi, the debate centred on some key questions such as whether a Constitutional Court was necessary; the legal processes required to establish one; and its relationship with existing courts and whether it would replace the Constitution.
Residents submitted that there was no urgency in consulting about the establishment of the Constitutional Court when there were more pressing matters to deal with such as the health crisis and bad roads, to mention, but a few. Some viewed it as a court that would provide the leeway for murderers to do as they pleased, alleging that the court would provide room for them to escape death the penalty. Most residents were of the idea that there was need for an immediate comprehensive review of the Constitution instead of channelling funds towards setting up a Constitutional Court.
Others, on one hand, argued that there has not been sufficient consultation regarding the urgency of establishing the court. First to take the podium was Bakgatla Deputy Chief, Kgosi Bana Sekai, who rallied behind the Constitutional Court’s establishment, reasoning that it was meant to provide an avenue for recourse. He alleged that there had been insinuations in the past that certain cases would have been resolved effectively had they been heard by a Constitutional Court.
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Mr Botlhe Kgetse questioned the rationale for the court’s establishment, and further insinuated that it was likely that it was going to serve some political interests. He argued that many issues had been resolved without a Constitutional Court in place hence it was unjustifiable to argue that not having it affected the dispensation of justice. “The Unity Dow case law is the example in place that has showed that issues can be resolved without a Constitutional Court,” he opined. Ms Kutlwano Odirile, a lawyer by profession, supported its establishment reasoning that it was an important step towards developing Botswana’s constitutional democratic system, where Batswana would have the opportunity to hold government accountable for safeguarding fundamental human rights.
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